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HB 47 (BR 214) - B. Buckingham, J. Adams, Ro. Adams, J. Arnold Jr, E. Ballard, C. Belcher, L. Belcher, J. Bruce, M. Cherry, P. Clark, J. Crenshaw, R. Damron, K. Hall, J. Haydon, C. Hoffman, D. Horlander, J. Jenkins, Ji. Lee, M. Marzian, T. McKee, H. Moberly, R. Nelson, S. Nunn, T. Riner, J. Thompson, B. Yonts
AN ACT relating to telephone solicitation.
Amend KRS 367.46951 to exclude from the definition of telephone solicitation a call made in response to an express or implied request; define implied request as including calls made by a physician or pharmacist, or in furtherance or maintenance of a continuous business, financial, or healthcare relationship; include exemptions to definition of telephone solicitation; include a definition of telemarketing service; amend KRS 367.46955 to require anyone making a telephone solicitation to abide by a code of conduct; amend the code of conduct to prohibit a person making a telephone solicitation from charging a credit card account or making an electronic fund transfer except in accordance with KRS 367.46953; prohibit anyone making a telephone solicitation from calling a person on the zero call list; prohibit the fee for a zero call or no call list to exceed $400; provide lists based on area code or county wide basis; require the Attorney General to report to the Legislative Research Commission by October 15 of each year regarding the actual cost of compiling the lists; require written consent from the consumer before selling or making information available for economic gain; prohibit telephone solicitations using a prerecorded voice; prohibit the use of unfair, false, misleading, or deceptive practices as part of the telephone solicitation; require the Attorney General's office to provide information about company specific and industry wide do not call lists to persons who inquire about Kentucky's no telephone solicitations call or the zero call list; establish criteria for reasonable defense against charge of calling persons on the zero call or no telephone solicitations call list; require the Attorney General to study the effectiveness and implementation of zero-call lists and report to the committee with jurisdiction over telephone solicitation by October 15, 2004.
HB 47 - AMENDMENTS
HCS - Retain original provisions of HB 47 except delete provisions which exempted calls made in response to an implied request from the definition of telephone solicitation; establish an exemption from the definition of telephone solicitation for charitable organizations that are established to receive or expend funds for expenses from school related activities and events if the school is regulated by the Department of Education; delete exemption from the definition of telephone solicitation those telemarketing companies and employees who do at least seventy-five percent of their business for entities that are exempt from the definition of telephone solicitation; delete provision that established a different effective date for the implementation of the zero call list; establish definitions for the "no telephone solicitations calls" list and the "zero calls" list; establish exemption from the definition of telephone solicitation for charitable organizations exempt under Section 501(c) of the Internal Revenue Code if the call is made by a volunteer or employee of the organization and if the person making the call discloses specific information in the course of the call; amend the definition of telemarketing services to provide an exemption for marketing activities conducted by the merchant or his employee if the merchant maintains a retail establishment in Kentucky where consumer goods or services are displayed and offered for sale on a continuing basis.
HFA (1, S. Nunn) - Add language to exempt telephone calls made to a debtor or a party to the contract in connection with payment or performance of a debt or contract from the meaning of "Telephone solicitation"; prohibit persons on the "zero call" list from receiving telephone solicitations, except from telephone calls made in response to an express request, telephone calls made to a debtor or a party to the contract in connection with payment or performance of a debt or contract, telephone calls made to any person with whom prior or existing business relationship exists, and telephone calls directed to the person called by a merchant or their employee; and require fee to apply to all subscribers.
HFA (2, S. Nunn) - Add language to exempt telephone calls made to a debtor or a party to the contract in connection with payment or performance of a debt or contract from the meaning of "Telephone solicitation," prohibit persons on the "zero call" list from receiving telephone solicitations, except from telephone calls made in response to an express request, telephone calls made to debtor or a party to the contract in connection with payment or performance of a debt or contract, telephone calls made to any person with whom prior or existing business relationship exists, and telephone calls directed to the person called by a merchant or their employee; require fee to apply to all subscribers; and require any action or claim alleging violation to be in writing and verified by claimant.
HFA (3, B. Buckingham) - Establish that the zero call list be provided to subscribers at an annual fee not to exceed four hundred dollars ($400); provide that the zero and no telephone solicitations calls list be available to subscribers; amend KRS 367.46971 to require telemarketing companies to register with the Office of the Attorney General; and amend KRS 367.46981 to require telemarketing companies to post a bond.
HFA (4, B. Buckingham) - Limit cable companies that make telephone solicitations to their subscribers for the purpose of providing program information from soliciting the sale of products and services offered by the cable company.
HFA (5, B. Buckingham) - Restore an exemption from the definition of telephone solicitation for persons calling to a debtor or a party to a contract in connection with the payment or performance of an existing debt or contract and for those who have a prior or existing business relationship with the person called; restore exemption for a merchant under certain conditions; amend the definition of the zero call list so that telephone solicitations can be made with express request of the person called, in connection with payment or performance of debt, by merchants if they have a prior or existing relationship with the person called, if the merchant owns a retail establishment in the Commonwealth and by merchants under certain conditions; require that any claim or action alleging the making of a call to a person on the no telephone solicitations calls list or the zero call list be in writing and verified by the claimant.
HFA (6, B. Buckingham) - Restores an exemption from the definition of telephone solicitation for persons calling to a debtor or a party to a contract in connection with the payment or performance of an existing debt or contract and for those who have a prior or existing business relationship with the person called; restores exemption for a merchant under certain conditions; amends the definition of the zero call list so that telephone solicitations can be made with express request of the person called, in payment or performance of debt, by merchants if they have a prior or existing relationship with the person called, if the merchant owns a retail establishment in the Commonwealth and by merchants under certain conditions; requires that any claim or action alleging the making of a call to a person on the no telephone solicitations calls list or the zero call list be in writing and verified by the claimant.
HFA (7, B. Buckingham) - Provide that no person can make a call to someone on the zero call list unless they have express request from the person being called or have a prior or existing business relationship with the person called, or if they are a merchant with a business establishment in the Commonwealth provided the merchant or his employee makes the call, the business does not sell or engage in telemarketing services, and the call is specially directed to the person called.
HFA (8, D. Ford) - Amend the exception on the exemption from the definition of telephone solicitation for real estate brokers and sales associates so that it applies only to those who are primarily engaged in the practice of promoting sales of recreational and retirement use lands or timeshares.
SCS - Define "Zero call" list and other terms; prohibit a telephone solicitation of a person on the zero call list unless one of the few exceptions applies; establish criminal and administrative civil penalties for any telemarketing company, telemarketer, caller, or merchant who violates the zero call list; amend the long arm statute to include the making of a telephone solicitation into Kentucky as sufficient contact with Kentucky to subject the maker of the telephone solicitation to the jurisdiction of a Kentucky court.
SFA (1, K. Stine) - Require that the zero call list be available on statewide or county by county basis; require that the zero call list is available in an electronic format searchable by area code, local exchange and individual telephone number; specify the electronic format of the zero call list and that the format be available for download in at least 5 of the most common data management formats; and specify the format for hard copies of the zero call list.
SFA (2, A. Kerr) - Require the Public Service Commission to produce a pamphlet on consumer rights and responsibilities regarding telephone solicitation; and require inclusion of the pamphlet at least annually in the billing inserts of telephone companies under the commission's jurisdiction.
SFA (3, R. Stivers) - Require that only residential telephone numbers shall be eligible for placement on the zero call list; require that the zero call list contain only telephone number of those who apply to be placed on the list; and provide that criminal violation of the zero call list be knowingly and willfully.
SFA (4, T. Buford) - Provide exemption from the definition of telephone solicitation for charitable organizations that make calls to solicit the donation of blood, bone marrow, or an organ capable of being transplanted.
(Prefiled by the sponsor(s))
Jan 8-introduced in House; to Labor and Industry (H)
Jan 10-posted in committee
Jan 15-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 16-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, January 17, 2002; floor amendment (1) filed to Committee Substitute
Jan 17-floor amendments (2) (3) (4) and (5) filed to Committee Substitute
Jan 18-floor amendments (6) (7) and (8) filed to Committee Substitute
Jan 22-3rd reading, passed 92-4 with Committee Substitute, floor amendments (2) (3) (4) (6) (7) and (8)
Jan 23-received in Senate
Jan 25-to Judiciary (S)
Feb 21-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 22-2nd reading, to Rules
Feb 25-posted for passage in the Regular Orders of the Day for Tuesday, February 26, 2002; floor amendments (1) (2) and (3) filed to Committee Substitute
Feb 26-floor amendment (4) filed to Committee Substitute ; 3rd reading, passed 38-0 with Committee Substitute, floor amendments (1) (2) and (3)
Feb 27-received in House; posted for passage for concurrence in Senate Committee Substitute, floor amendments (1) (2) and (3)
Mar 4-House concurred in Senate Committee Substitute, floor amendments (1) (2) and (3) ; passed 91-0
Mar 5-enrolled, signed by each presiding officer; delivered to Governor
Mar 6-signed by Governor (Acts ch. 21)
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